¶1Order affirmed, with costs, on the authority of Schneider v. Schneider (17 N Y 2d 123). The question of whether the prior judgment in the arbitration confirmation proceeding was conclusive of the issue in the instant simplified procedure action was not properly before the court as defendant had not raised the affirmative defense before appeal.
¶2Concur: Chief Judge Fuld and Judges Van Yoobhis, Burke, Scileppi, Bergan, Keating and Breitel.